[HISTORY: Adopted by the Board of Supervisors of the Township of
Montgomery as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-1-1962 by Ord.
No. 2]
No person, partnership, association or corporation shall continue, maintain,
establish or carry on any of the following prohibited acts or activities on
any public or private property in Montgomery Township if the same are determined
to be and constitute nuisances in fact:
A.
The storage, accumulation and depositing of any abandoned
or junked automobiles or parts thereof.
B.
The storage, accumulation and depositing of any abandoned
or used building materials of any kind.
C.
The conducting of any piggery where garbage is fed to
pigs in any manner.
D.
The appearance of any sewage, toilet, kitchen and laundry
wastes on the surface of the ground or in or reaching to any creeks, streams
or bodies of water or sources of water supply.
E.
The conducting of any noxious or offensive manufacture
or business by reason of odor, dust, fumes, smoke, gas, vibration, illumination
or noise.
F.
The maintenance of any dangerous structure, including
buildings or parts of buildings in a state of dilapidation or disrepair.
[Amended 6-22-1992 by Ord.
No. 92-1]
If the Zoning Officer of Montgomery Township determines that any person,
partnership, association or corporation is carrying on any of the above prohibited
activities so as to constitute a nuisance in fact in the Township, the Zoning
Officer shall cause written notice to be sent to the violator to voluntarily
abate and remove the nuisance. If the violator has not abated or removed the
nuisance within five days after the receipt of said written notice, the Board
of Supervisors of the Township or its duly authorized agent may remove such
nuisance. Any person convicted before a District Justice in Montgomery Township
in a summary proceeding of maintaining a nuisance in fact prohibited by this
article shall pay the cost of the removal of such nuisance, plus the costs
of prosecution and a fine of not more than $600 for each violation thereof
and be subject to imprisonment not exceeding 30 days in default of payment
of such fine, provided that each day's violation of any of the provisions
of this article shall constitute a separate violation.
[Adopted 7-6-1987 by Ord.
No. 99]
No person or other legal entity owning or occupying any real property
within the Township of Montgomery, Montgomery County, Pennsylvania, shall
permit any buildings and housing or parts of buildings and housing constructed,
erected, altered, designed or used in whole or in part for human habitation
and the land appurtenant thereto to remain in such a state or condition, which
may be the result of but not limited to construction, alteration, repairs,
occupation, maintenance, sanitation, lighting, ventilation, water supply,
toilet facilities, drainage or use thereof, so as to result in the enticement
of rats, mice and other vermin to occupy or inhabit such premises. This article
shall not apply to unimproved real property which exists in its natural state
or condition.
The Township Supervisors or any employee of the Township of Montgomery designated for the purpose is hereby authorized to inspect all buildings and land appurtenant thereto in order to determine whether the condition of such premises is in compliance with the provisions of § 155-3 of this article.
The Township Supervisors or any employee of the Township of Montgomery designated for the purpose is hereby authorized to give written notice, by personal service or by mail, to the owner or occupant, as the case may be, on any premises whereon conditions exist in violation of the provisions of § 155-3 of this article, directing and requiring such owner or occupant to remove or correct such condition so as to conform to the requirements within 10 days after receipt of such notice.
In case any person, firm or corporation shall fail or refuse to comply with such notice within the period of time stated therein, the Township may remove or correct such condition, and the costs thereof, together with any additional penalty authorized by law, may be collected by the Township from such owner or occupant in any manner provided by law. The Township may also take appropriate actions or proceedings at law or in equity to prevent the occupancy of such buildings, housing or structure maintained in such a condition as to violate § 155-3 of this article.
In addition to other penalties provided by this article, the Township
of Montgomery may institute proceedings in equity to require owners or occupants
of real estate within the Township of Montgomery to comply with the provisions
of this article.
The cost of removal, correction, fine and penalties herein mentioned
may be entered by the Township of Montgomery as a lien against such property
in accordance with existing provisions of law.
[Amended 6-22-1992 by Ord.
No. 92-1]
Whoever violates any of the provisions of this article shall be fined
not more than $600 for each offense and, in default of payment, may be imprisoned
for a period not exceeding 30 days. Each and every day upon which an owner
or occupant of real estate in the Township permits a violation to exist shall
constitute a separate offense without the necessity of separate notices.
